Legal Opinion
Kahawaiolaa v. Norton
Court of Appeals for the Ninth Circuit
Decided October 27, 2004No. 02-17239PublishedCited by 32 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
In this appeal, we consider whether the exclusion of native Hawaiians from the Department of Interior’s regulations acknowledging the federally recognized status of Indian tribes comprises discrimination in violation of the Equal Protection component to the Fifth Amendment’s Due Process Clause. We have jurisdiction to determine whether the regulations are unconstitutional, and we conclude that they do not violate the Fifth Amendment under rational basis scrutiny.
I
Despite the importance of the inquiry, the United States has struggled to find an adequate definition of an…
2Cases cited31 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Marbury v. MadisonSupreme Court of the United States · 1803
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
26 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Samish Indian Nation v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Muwekma Ohlone Tribe v. Kenneth SalazarCourt of Appeals for the D.C. Circuit · 2013
- Kahawaiolaa v. NortonCourt of Appeals for the Ninth Circuit · 2004
- Agua Caliente Tribe of Cupeno v. Tara Katuk Mac Lean SweeneyCourt of Appeals for the Ninth Circuit · 2019
- John Doe, a Minor, by His Mother and Next Friend, Jane Doe, and Josephine Helelani Pauahi Rabago, Intervenor, Kamehameha Schools/bernice Pauahi Bishop Estate Constance H. Lau, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, J. Douglasing, in Their Capacities as Trustees of the Kamehameha Schools/bernice Pauahi Bishop EstateCourt of Appeals for the Ninth Circuit · 2006
27 more not listed; retrieve them via the Exa API.